Registration of certificate of inheritance

The Regulation EU No 650/2012 envisages that the Certificate of Inheritance should constitute a valid document for the recording of succession property in a register of a Member State (recital 18).

Following previous approaches, ELRN has found diversity in the LR systems. It was found that this Certificate may be enough itself for registration, or may be enough together with additional requirements or deeds, or not enable it at all. So, we would need legal answers of the impact of the Certificate for the purposes of registration in different LR systems.

The regulation starts to apply fully the 17 August 2015. The regulation is binding in its entirety and directly applicable in Sweden. In Sweden some issues the government has to deal with are more difficult to resolve than others and require more extensive analysis and preparation before a proposal can be drafted and submitted to the parliament for a decision.

In dealing with matters of this kind, the government may choose to appoint a special expert or group, commissions, to take a closer look at the issues involved. The government in Sweden has set up such a commission to examine, among other things, which provisions the regulation requires and propose such, and also include an assessment of how information in accordance with foreign legal systems may apply in Sweden.

Lantmäteriet, the Swedish mapping, cadastral and land registration authority, may register an owner of real property or site lease even if the acquisition has no counterpart in Swedish law. The reason is all that all persons, natural or legal, having acquired real property or a site leasehold shall apply for registration of the acquisition (registration of ownership). The acquisition are in such cases are labeled miscellaneous.

• Do you request official translations of European Certificates of Succession that are drawn up in a foreign language? Is the registration of a multilingual deed possible?
  No, we have not requested this so far. Registration of a multilingual deed or a deed in a foreign language is possible in Sweden. Translation of the documents are usually made by the land registration authority’s own personel. If we don’t have the competence in house, we use an authorized translator at the expense of the land registration authority
• Do you control whether the authority, who issued the Certificate, is indeed competent to do so? Imagine you receive a request for the registration of a European Certificate of Succession that is drawn up by a foreigner claiming to be a notary in the Netherlands. Do you actively control whether this person is actually a notary in the Netherland and if so, how do you control this?
  No
• A foreign ‘court’ has drawn up a European Certificate of Succession and submitted a request for registration to your organization. As the Certificate does not comply with your national registration requirements, you have to reject the application. In practical terms, how and in which language do you contact the ‘court’?
  As far as I know this has not happened so far. According to Swedish law a European certificate of succession is a valid deed for registration of ownership.
  
• Does your answer to the preceding question change when it is not the issuing authority but the heir himself who submits the request for registration?
  No